A CLAIM FOR DAMAGES.

Temuka Leader, Issue 1892, 16 May 1889, Page 4

A CLAIM FOR DAMAGES.

At the E.M. Court, Timaru, on Tuesday, before C. A. Wray, Esq., R.M., the following evidence whs taken in the case of Davison v. R. Edgeworth, claim £47, made up of claim for general and special damages, less of employment, medical attendance and medicine, through plaintiff being kicked by defendant’s horse, heard partly at Temnka last week. Mr Hay appeared for plaintiff, and Mr White for defendant. Defendant suid that ho had been at the Timaru Show with an entire horse. Had shown horses and mares at shows in the colony during the past eleven years, and never had an accident. On bat Timaru show day had gone out by the gateway at 4 o’clock, explaining first that there was a block there, through the gatekeeper not opening it punctually. Took the entire out, there being plenty of room in the gateway, so that no harm was likely to bo done to anybody. When ho got through the gateway a mnre was led in front of the horse, and tha latter kicked on l . Someone then called out for witness to go on, and he did so. The traffic and crush was very groat. Had seen the plaintiff after the accident happened at the show gate, and some weeks later called on him to see how ha was getting on. In course of conversation plaintiff never blamed him (witness) for the accident. The first intimation be had of tiie case was a letter from Mr Hay, to which witness made no reply. It was not true that ho was 100 yards from the gate when it opened. His horse was quite quiet and not stall vicious. Ho accounted tor the horse kicking through the mares being led in front of him. Did not hear anyone sing out to “ Keep back, as the marcs are at the gate." It was not a fact that he was running with the horse that day. Cross-examined by Mr Hay : Was not excited at all that day. Both entires and mares were scattered about near the gates. Took no particular notice whoso horses wore first at the gate ; he did not own them. He came straight up lo tha gate, which was almost vacant when he did so. Did not come up at ac angle in front of Mr Austin’s mams. Davison was not the first to go out; witness was the first, and was positive that be had never come up to the gate along by the gorse hedge. Was in no hurry to got through, and never got out of Ida turn—quietly waited to got through. It was untrue that he had tried to get eut of the ground before the oiheis. Never hoard a word from the gatekeeper to keep back. It was not a fact that at shows mares were generally led out first of all. Could not tell in what order they had gone out, as horses, mares and geldings were mixed up. It was a dangerous thing to lead a hotse among mares. In this case Davison had pulled his mares right in front of hia horse. The latter was quiet; was not “ playing up ” as described by Mr Mundell. This was the case, and after counsel had addressed the court His Worship intimated that he would deliver judgment ac Teinuka.